Sheriff’s Deputy Faces 10 Years in Prison for Excessive Force, Attempted Cover-up
A Los Angeles County Sheriff’s Department deputy has agreed to plead guilty to federal civil rights charges for using excessive force against a transgender man in retaliation for the victim exercising his First Amendment rights, the U.S. Department of Justice announced Wednesday.
Joseph Benza III, 36, of Corona, was charged with one felony count of deprivation of rights under color of law in connection with the February 2023 incident. The plea agreement, filed Tuesday, outlines Benza’s admission to assaulting the victim and attempting to cover up his actions. The charge carries a maximum penalty of 10 years in federal prison.
Benza, who was assigned to the Norwalk Station at the time, is expected to make his initial court appearance in the coming days.
According to court documents, the victim, identified as “E.B.,” a 23-year-old transgender man, suffered a concussion, contusions, and abrasions during the assault. E.B. weighed about half as much as Benza, who body-slammed him to the ground, punched him in the face and head multiple times, and pressed his face into the pavement.
The confrontation began when Benza, responding to a domestic violence call in Whittier, saw E.B. drive by and extend his middle finger—a gesture protected under the First Amendment. Benza abandoned the call and pursued E.B. for nearly two miles. After E.B. pulled into a parking lot and exited his vehicle in a convenience store parking lot, Benza grabbed him without issuing any commands.
When E.B. pulled away and said, “Don’t touch me,” Benza escalated the situation into a violent assault, according to the plea agreement. While Benza was holding him on the ground, in the video of the incident, a terrified E.B. can be heard screaming for help, that he can’t breathe, and begging the officer to stop choking him.
Benza admitted to preparing a false incident report, omitting the fact that E.B. had flipped him off and falsely claiming that E.B. was stopped for having an air freshener hanging from his rearview mirror. Benza also falsely stated that E.B. had bitten him hard enough to puncture the skin and cited the victim with criminal mayhem.
Benza and other deputies later discussed deleting text messages about the incident and made plans to mislead federal investigators, according to the plea agreement. When questioned by authorities in January 2024, Benza lied, denying that he saw E.B. flip him off and falsely claiming he had not collaborated with others on the incident report.
“When an officer violates someone’s civil rights, it corrodes trust in law enforcement and undermines the effectiveness of other officers who sacrifice to protect the public,” said U.S. Attorney Martin Estrada. “This senseless assault and subsequent attempted cover-up are an affront to our system of justice.”
FBI Assistant Director Akil Davis added, “The FBI prioritizes the protection of civil rights and will pursue prosecution when warranted. Mr. Benza abused his position of authority to assault an innocent citizen, then dissembled to cover his actions during the subsequent investigation.”
Los Angeles County Sheriff Robert G. Luna condemned the deputy’s actions, saying, “It is deeply troubling that a member of our department violated the trust placed in them to uphold the law by abusing their authority. These actions undermine the integrity of our department, the trust of our community, and the safety of those we are sworn to protect.”
Benza was previously absolved of wrongdoing by a LASD use-of-force probe but admitted that it was based on prior evidence given by deputies and that the federal case had found “egregious actions to cover up misconduct,” according to the Los Angeles Times. Benza has been relieved of duty and other deputies may also be disciplined as a second investigation looks into the matter.
The FBI continues to investigate the case with assistance from the Los Angeles County Sheriff’s Department. Assistant U.S. Attorneys Susan S. Har and J. Jamari Buxton of the Public Corruption and Civil Rights Section are prosecuting the case.
